Discuss the nature and scope of Jurisprudence. What is the importance of this subject in the study of law?
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“Jurisprudence is the eye of law”.
INTRODUCTION :-
Jurisprudence in its nature is entirely a difference subject from other social science. The reason for this is that it is not codified but a growing and dynamic subject having no limitation on itself. Its inquiry system is of different status from other subjects. Every jurist does not base his study on the rules made but tries to understand their utility after due deliberation Thus the jurisprudence has no limited scope being a growing subject. There is difference of opinion about the nature of jurisprudence. It is called both art and science. But to call it science would be more proper and useful. The reasons for this is that just as in science we draw conclusions after Making a systematic study by investing new methods. In the same way jurisprudence is concerned with the fundamental principles of law systematic and scientific study their methods.Scope of Jurisprudence:-
According to justice P.B.Mukherjee: ,
” Jurisprudence is both an intellectual and idealistic abstraction as well as behavioural study of man in society. It includes political, social, economic and cultural ideas. It covers that study of man in relation to state and society.”Jurisprudence involves certain types of investigations into law, and investigation an abstract, general and theoretical nature which seeks to lay the bare essential principles of law and legal systems.
Salmond observed:
“In jurisprudence we are not concerned to derive rules from authority and apply them to problem, we are concerned rather to reflect on the nature of legal rules, on the underlying meaning of legal concepts and on the essential features of legal system.” It therefore follows that jurisprudence comprises philosophy of law and its object is not to discover new rules but to reflect on the rules already known.
CONTENTS OF JURISPRUDENCE:-
The following are the contents of jurisprudence:-i) Sources ;-
It is true that the basic features of a legal system are mainly to be found in its authoritative sources and the nature and working of the legal authority behind these sources. Under this head matters such as custom, legislation, precedent as a sources of law, pros and cons of codification of laws, methods of judicial interpretation and reasoning, an inquiry into the administration of justice etc., are included for study.ii) Legal Concepts :-
Jurisprudence includes the analysis of legal concepts such as rights, title, property, ownership, possession, obligations, acts, negligence, legal personality and related issues. Although all these concepts are equally studied in the ordinary branches of law, but since each of them functions in several different branches of law, jurisprudence tries to build a more comprehensive picture of each concept as a whole.iii) LEGAL THEORY :-
Legal theory is concerned with law as it exists and functions in the society and the manner in which law is created and enforced as also the influence of social opinion and law on each other. It is therefore necessary that while analysing legal concepts, and effort should be made to present them in the background of social developments and changing economic and political attitudes.UTILITY OR IMPORTANCE OF JURISPRUDENCE
It is often said that jurisprudence being an abstract and theoretical subject, is not of any practical use. But it is not correct to say so. Its utility is as under :-1. Salmond pointed out that jurisprudence has its own intrinsic interest like and other subject of serious scholarship, likewise the writer on jurisprudence may be impelled to his subject by its intrinsic interest. The legal researches on jurisprudence may well have their effect on contemporary socio-political thought and at the same time may themselves be influenced by these ideologies.
2. Jurisprudence also has its practical applicability. In other words it serves to render the complexities of law more manageable and rational and in this way theory can help to improve practice in the seats of law.
3. Jurisprudence has great educational value. The logical analysis of legal concepts widens the outlook of lawyers and sharpens their logical technique. It helps them in shading aside their rigidity and formalism and trains them to concentrate or social realities and the functional aspects of law. It is not the form of law but the social function of law which has relevance in modern jurisprudence. For instance, a proper understanding of law of contract may perhaps require some knowledge of economic and economic theory or a proper grasp of criminal law may need some knowledge of criminology and psychiatry and perhaps also of sociology.
4. Commenting on the significance and utility of jurisprudence : Holland observed, “ the ever renewed complexity of human relations call for an increasing complexity of legal details, till a merely empirical knowledge of law becomes impossible.” Thus jurisprudence throws light on the basic ideas and the fundamental principles of law in a given society. This why it has been characterised as “The eye of law.”
5. Jurisprudence helps the Judges and the Lawyers in ascertaining the true meaning of the laws passed by he legislature by providing the of interpretation.
6. The study of jurisprudence helps in rationalising the thinking the students and prepares them for an upright civil life. The knowledge of law and legal precepts also helps them to face every exigency of human affairs boldly and courageously.
7. Jurisprudence may also be helpful o legislators who play a crucial role in the process of law-making. The study of jurisprudence may familiarise them with technicalities of law and legal precepts thus making their job fairly easy as also interesting.
According to Dias the study of jurisprudence provides an opportunity for the lawyer to bring theory and life into focus for it concerns human thought in relation to social existence. The law should serve the purpose of social-engineering by preserving societal values and eliminating conflicting interests of individuals in the society.
JURISPRUDENCE IS THE EYE OF LAW:-
On account of importance of jurisprudence in the field of law it is called, “The eye of Law”. The eyes are one of the most important parts of human body. Almost all human activities and the movements of body are possible only through them. Unless man can see anything properly, he cannot do any work. The reason of calling jurisprudence the ‘ the eye of law’ is that jurisprudence functions for law in the same manner as the eyes do in human body. For example- the interpretation of law is a very difficult task, It cannot be done without the help of jurisprudence. ‘PATON’ in this connection says that,” Jurisprudence is a particular method of study, not the law of one particular county but of the general notions of law itself.’ Whenever any complicated problem regarding law like:-1 How and when the law developed
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2 What is its object.
3 Whether the law was made by people or it was due to the inspiration of some Divine force.
4 Whether the law is a command of a sovereign or it is a result of gradual development of civilization in society. The main function of jurisprudence is to study the origin of law, its development and its contribution towards society.
The matters to birth, marriages, death, succession etc., are equally controlled through laws. It is the well known saying that, “ignorance of law is no excuse,” hence it is essential to know the correct basic principles of law which are contained only in the jurisprudence. Law is also connected with civil life. A person who obeys laws is known as a civilized citizen. A person who does not obey law is punished. It is therefore necessary that all the people should have the sound knowledge of law which is possible only with the help of jurisprudence. Therefore, jurisprudence, having so much importance for the society, has rightly been called the eye of law.
